Ireland's new defamation law ‘falls short of EU SLAPP directive'

Irish Examiner

18 hours ago

Ireland's new defamation laws risk incurring EU legal action, the Government has been warned.
The Dáil last week passed the long-awaited Defamation Bill, with the Seanad passing it at second stage last Wednesday.
However, a group of organisations, including the National Union of Journalists, the Irish Council for Civil Liberties, and RTÉ have argued that while the Defamation Bill contains provisions to stop so-called SLAPP (strategic lawsuit against public participation) cases, it 'fails to include the robust safeguards required to meaningfully protect public interest speech'.
Such SLAPP cases usually involve affluent plaintiffs attempting to silence or censor criticism by suing critics, forcing them to spend huge sums on legal fees defending their position.
The Ireland Anti-SLAPPs Network group says that, nearly a decade after the review of the Defamation Act 2009 began, 'this is a frustrating outcome and a missed opportunity to protect the freedom of expression that is the lifeblood of our democracy'.
Law falls short of transposing full directive
The group says that while the bill brings in provisions that give effect to aspects of the EU Anti-SLAPP Directive, it falls short of transposing the directive's full set of minimum standards and protections, which Ireland is legally required to implement in full by May 2026.
The anti-SLAPP provisions in the bill apply only to defamation proceedings and do not extend to privacy, copyright, or data protection cases. The group stated:
The Government has provided no clear explanation of how it intends to extend protections beyond defamation in line with its EU obligations.
They said that the legislation also 'omits key components of the directive that could have been readily included'.
These include provision for third-party interventions in support of SLAPP defendants (Article 9), security for damages (Article 10) and a reversal of the burden of proof (Article 12).
The legislation also fails to incorporate the protections against SLAPPs initiated in non-EU countries (Articles 16 and 17).
'By failing to incorporate these core safeguards, the Irish Government exposes itself to potential infringement proceedings from the European Commission," the group stated.
Recommendation on countering SLAPPs
It said the Government could and should have drawn on established international best practices, including the Council of Europe's recommendation on countering the use of SLAPPs.
'This recommendation includes vital safeguards, such as an automatic stay of proceedings while an early dismissal motion is being heard, which are designed to protect against abusive litigation.
"It provides clear, practical guidance for safeguarding free expression and democratic accountability. Yet the Government appears to have almost entirely disregarded it.'
Speaking in the Seanad on the bill last week, justice minister Jim O'Callaghan said full transposition 'will be done'.
'Let us remember that this is a defamation bill. It is appropriate that we just transpose into the Defamation Bill those aspects of the SLAPP directive that relate to defamation.'
Jessica Ní Mhainín of Index on Censorship said: 'It is ironic that this piece of legislation was passed in the Dáil on European Day of Action against SLAPPs because it completely fails to offer meaningful protection to SLAPP defendants.
"Its complex and flawed provisions risk becoming tools only accessible to those with significant legal resources — not the individuals most often targeted with SLAPPs.'